When conducting a Mental Capacity Assessment, the assessor is required to take care and consideration of the person being assessed. This includes making sure that the assessment is accessible, and that reasonable adjustments are made to aid the individual’s understanding and retention.
Read More »Who can be present during a Mental Capacity Assessment?
There are sometimes occasions when a person dies and the Executor named in their Will is not able to complete their role due to a lack of capacity. Similarly, there are times where a person may not have formed a Will, and the loved one who would normally act as Probate is unable to perform this role due to a lack of capacity
In this blog, we give a brief summary of the process and the steps needed.
Read More »Mental Capacity and the roles of Executor and Probate (PA14)
An interesting case was heard before the courts earlier this year, which highlights how Gillick Competence should only be applied when appropriate to do so.
Read More »Gillick Competence: Caution required
During the COVID-19 pandemic, a large number of mental capacity assessments were completed remotely, through video platforms such as Microsoft Teams or Zoom. This was to enable staff to conduct ‘safe’ assessments without the risk of infection or transmitting the virus.
Now the pandemic is over, face-to-face assessments have returned to being the norm. However, we do on occasion receive requests for online assessments rather than face-to-face, due to factors such as time, distance or availability.
Read More »Mental Capacity Assessments: Face-to-Face or Remote?
Capacity to engage in sexual relations is an area that is not often discussed in the realm of mental capacity. In this blog we highlight the key case law that guides the assessment of capacity to engage in sexual relations alongside two separate but interrelated forms of capacity: Contact Capacity and Contraception Capacity.
Read More »Capacity to engage in sexual relations
The Mental Capacity Act (2005: 24) defines an Advance Decision to Refuse Treatment (ADRT) as: a decision made by a person (“P”), after [they have]… Read More »What is an Advance Decision to Refuse Treatment (ADRT)?
On the 24th October 2025, the Care Quality Commission (CQC) published its latest report on the State of Care in England, which highlights areas of good quality practice and points of concern that require improvements within the health and social care system.
Read More »CQC State of Care in England Report, October 2025
This week, the Supreme Court (UKSC/2025/0042) is considering a submission by the Attorney General for Northern Ireland, addressing the following issue: Does the Minister of… Read More »Cheshire West: back in the courts
There has been many calls for the Mental Capacity Act’s Code of Practice and the Deprivation of Liberty Safeguards to be updated. The system as it stands today is extremely outdated – some would say broken – and is in need of urgent change in order to protect vulnerable people from harm.
Read More »Liberty Protection Safeguards – Movement at last?
In the third part of our blog series on Best Interest, we look at the various stages of consultation required, and how to review the information gathered.
Read More »Best Interest Decisions in everyday practice: Part 3